Jurnal Kajian Hukum dan Sosial
Vol 5 No 2 (2008)

Memahami Hukum Perjanjian Islam: Teori, Asas, dan Praktek

Rohmah Maulidia (ISID Gontor Ponorogo)



Article Info

Publish Date
12 Apr 2025

Abstract

This study aims to understand the law of contract in Islam comprehensively, covering aspects of theory, legal principles, and their practice in modern life. The law of Islamic contract is based on the principles of justice, willingness (taradhi), and clarity ('adam al-jahalah) between the parties. This study uses a qualitative method with a literature study approach, examining classical fiqh literature, contemporary Islamic legal documents, and contract practices in Islamic economics. The results show that Islamic contract law has high flexibility as long as it does not contradict sharia principles. In addition, principles such as freedom of contract and the obligation to fulfill promises (al-'uqud musyahadah) remain relevant in the modern legal system. This study emphasizes that Islamic contract law can be a strong normative foundation for ethical and fair business contracts.

Copyrights © 2008






Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...